Before a jury begins deliberations, the trial moves through a fixed sequence: closing arguments from each side, the judge’s instructions on the law, a short set of administrative steps, and the handoff of evidence and a verdict form to the jurors. Understanding what happens before jury deliberations matters because each of these stages shapes the framework jurors will use once the courtroom door closes behind them.
Closing Arguments
Closing arguments are the attorneys’ last chance to speak to the jury. Each lawyer pulls testimony, documents, and exhibits together into a narrative meant to persuade jurors to see the facts their way. These arguments are not evidence. Nothing new can be introduced; lawyers may only discuss what was formally admitted during the trial.
The plaintiff’s or prosecutor’s attorney goes first, and the defense follows. Because the plaintiff or prosecution carries the burden of proof, that side usually gets a final rebuttal after the defense finishes. The rebuttal is limited to responding to points the defense raised, not relitigating the whole case.
Objections during closing are allowed but narrower than during witness testimony. The common grounds include arguing facts not supported by admitted evidence, asking jurors to put themselves in a party’s shoes (the “golden rule” argument), appealing to emotion or prejudice rather than evidence, and urging the jury to “send a message” outside the context of punitive damages. An attorney who waits until after the case goes to the jury typically waives the objection.
The Judge’s Instructions to the Jury
By the time jurors hear instructions read aloud, the wording has already been fought over. Under the federal rules, the judge must share proposed instructions with the attorneys and give both sides a chance to object on the record, outside the jury’s hearing, before the instructions and closing arguments are delivered.1Legal Information Institute. Federal Rules of Civil Procedure Rule 51 – Instructions to the Jury; Objections; Preserving a Claim of Error This instruction conference is where the exact language is hammered out. An attorney who disagrees must state the specific objection and its grounds during the conference, or risk losing the right to raise the issue on appeal.
Judges rarely draft instructions from scratch. Federal courts and most state courts maintain standardized “pattern” or “model” jury instructions covering common legal issues, published by judicial committees and updated regularly. The Eleventh Circuit, for example, provides a digital tool that lets judges generate customized instructions from its approved library.2United States Court of Appeals for the Eleventh Circuit. Pattern Jury Instructions Judges still tailor the pattern language to the specific facts and claims.
What the Instructions Cover
The instructions define the specific claims or charges the jury must decide and explain the law for each. In a negligence case, the judge walks through the elements the plaintiff must prove: duty of care, breach, causation, and actual damages. In a criminal case, the judge breaks down each element of the charged offense. The jury’s role is to decide whether the facts, as they find them, satisfy each element.
The judge also explains the standard of proof. In a criminal trial, the prosecution must prove guilt “beyond a reasonable doubt,” meaning the evidence must leave jurors firmly convinced. In a civil trial, the standard is a “preponderance of the evidence,” meaning the claim is more likely true than not. The gap between the two is significant, and the instructions make clear which one applies.
Whether the Verdict Must Be Unanimous
One of the most consequential instructions concerns unanimity. In federal criminal trials, the verdict must be unanimous under Rule 31 of the Federal Rules of Criminal Procedure.3Justia Law. US Code Title 18 App – Rule 31 – Verdict The Supreme Court extended that requirement to state criminal trials in 2020, holding that the Sixth Amendment guarantees a unanimous verdict for any serious criminal offense regardless of forum.4Supreme Court of the United States. Ramos v Louisiana In federal civil trials, the verdict must also be unanimous unless both parties agree otherwise.5Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors; Verdict; Polling State civil trials vary, and some allow non-unanimous verdicts.
Jurors are legally bound to follow the judge’s instructions even if they disagree with the law being applied. The instructions function as the jury’s legal roadmap, and departing from them can be grounds for overturning the verdict.
Motions That Can End the Case Before It Reaches the Jury
Not every case actually makes it to deliberation. At any point before submission to the jury, either side can move for judgment as a matter of law. If the judge finds that no reasonable jury could rule in favor of one party on the evidence presented, the judge can resolve the issue without sending it to deliberation.6United States Court of International Trade. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial These motions most often follow the close of the opposing side’s evidence, but they can also come after closing arguments. When granted, the case ends on that issue and the jury never weighs in.
Final Steps Before the Jury Retires
Once the judge finishes reading the instructions, a handful of administrative steps remain. If alternate jurors were seated at the start of trial, the judge addresses their status. In federal criminal cases, the court has discretion to dismiss alternates before deliberation begins or to retain them in case a sitting juror has to be replaced. Many state courts follow a similar approach. When alternates are dismissed, the judge thanks them for their service and excuses them.
In many jurisdictions the court officer or bailiff assigned to the jury then takes a formal oath. The bailiff swears to keep jurors together in a private place, to prevent any outside communication about the case, and to keep the status of deliberations confidential until a verdict is returned. The judge gives a final admonition to the jury: do not discuss the case with anyone outside the deliberation room, do not conduct independent research, and confine discussion to the evidence and the instructions. With that, the jurors are released to begin their work.
What the Jury Takes Into the Deliberation Room
Jurors do not walk into the room empty-handed. They receive specific materials to support discussion:
- All exhibits formally admitted during the trial, including documents, photographs, and physical objects. Demonstrative aids used only for illustration during testimony are generally kept out of the deliberation room unless all parties consent or the court orders otherwise.7Legal Information Institute. Federal Rules of Evidence Rule 107 – Illustrative Aids
- A written copy of the legal instructions the judge read aloud, so jurors can refer back to the exact standards and definitions.
- The verdict form, which lists the specific questions the jury must answer to render its decision.
- Any notes jurors took during trial, if note-taking was permitted. Whether to allow it is within the trial judge’s discretion, and most federal courts permit it with a reminder that notes should supplement memory rather than replace it.8United States Courts for the Ninth Circuit. Model Jury Instructions – 1.10 Taking Notes
With the evidence, the instructions, and the verdict form in hand, the jury is ready to begin deliberations.